Assisted Decision-Making (Capacity) (Amendment) Act 2022


Amendment of Principal Act

Amendment of section 2 of Principal Act

4. Section 2(1) of the Principal Act is amended—

(a) in the definition of “intervener”, by the substitution of “(d), (da), (db)” for “(d)”,

(b) in the definition of “intervention”—

(i) in paragraph (d), by the substitution of “general visitor,” for “general visitor, or”, and

(ii) by the insertion of the following paragraphs after paragraph (d):

“(da) a court friend, or

(db) a person to whom section 36(8)(b) applies,”,

(c) by the substitution of the following for the definition of “Minister”:

“‘Minister’, other than in Part 8, means the Minister for Children, Equality, Disability, Integration and Youth;”,

(d) in the definition of “personal welfare”, by the insertion of the following paragraph after paragraph (e):

“(ea) participation by the relevant person in healthcare research and social care research except in relation to clinical trials of medicinal products for human use or clinical investigations undertaken to assess the safety or performance of medical devices;”,

(e) in paragraph (i) of the definition of “property and affairs”, by the substitution of “for the needs of other persons” for “of other persons”, and

(f) by the insertion of the following definition:

“‘treatment’, in relation to a person, means an intervention that is or may be done for a therapeutic, preventative, diagnostic, palliative or other purpose related to the physical or mental health of the person, and includes life sustaining treatment;”.